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White Collar and Government Enforcement

Employers must contend with complex new regulations while facing increased scrutiny and an unprecedented threat of government enforcement actions and potential criminal proceedings at both the state and federal levels.

Overview

Our team of attorneys—which includes former federal and state prosecutors and enforcement attorneys from the Department of Justice, Department of Homeland Security, Department of Labor and other government agencies—understands the risks employers face on a daily basis and has the experience necessary to guide clients through virtually any type of investigation or enforcement action.

In an area of the law where initial actions can have long-term consequences, we are available at a moment’s notice to help clients prepare for and defend criminal investigations, quasi-criminal regulatory proceedings and grand jury matters, as well as related civil litigation. We advise clients in all aspects of criminal and regulatory proceedings, including interviews, hearings, trials and appeals.

Building on the firm’s vast expertise in workplace law compliance counseling, our White Collar & Government Enforcement Practice Group provides advice to corporations, institutions, business executives and other professionals. While our attorneys are well-versed in the defense of virtually any type of white collar criminal action that may be brought against a corporation or individual client, we have particular expertise in criminal and enforcement matters related to workplace law matters, such as:

  • Immigration and worksite enforcement actions;
  • Health care fraud investigations;
  • Employee embezzlement and internal fraud matters;
  • Tax matters; and
  • Theft of intellectual property and trade secrets.

In addition, we advise clients on:

  • Antitrust matters;
  • Fraud charges (finance, government contracts, mail and wire fraud);
  • Professional license and disciplinary proceedings;
  • Securities violations and financial crime investigations, money laundering, racketeering, bribery and corruption (including under the Foreign Corrupt Practices Act) and kickback claims;
  • Environmental enforcement; and
  • Other alleged violations of federal and state law.

Our attorneys also have experience with international extradition proceedings and in conducting internal investigations globally.

In all matters, we understand the level of preparation and attention to detail that is required to provide our clients with the very best representation. As an integral part of our practice, our attorneys are skilled at conducting sensitive internal investigations for clients either in anticipation of, or parallel to, government probes, or into suspected illegal or questionable conduct by employees, contractors or related parties. Finally, working closely with Jackson Lewis' Corporate Governance Practice Group, we pride ourselves on the ability to think preventively in order to help clients manage risk, improve compliance efforts, defend qui tam/whistleblower actions, and respond to allegations of misconduct before a crisis ensues.

To the extent that criminal or investigative matters require resources outside the United States, we work closely with our firm's International Employment Issues Practice Group and partner with firms in our international L&E Global network.

The Team

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April 27, 2017

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

April 27, 2017

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the Trump Administration’s labor and employment policy positions. Even as significant changes in federal policies are... Read More

January 30, 2017

What to Expect in Criminal Justice Priorities under Attorney General Sessions

January 30, 2017

Senator Jeff Sessions as U.S. Attorney General would be tough on urban crime, corporate wrongdoers, and immigration violations. An analysis of his recent Senate confirmation testimony, record as U.S. Attorney for the Southern District of Alabama, and public comments as a U.S. Senator, provides a picture of some of the prosecution... Read More

November 10, 2016

Workplace Law Under President-Elect Donald Trump: What to Expect

November 10, 2016

President-elect Donald Trump will assume office on January 20, 2017, with a Republican majority in both the Senate and the House of Representatives. While it is difficult to predict whether the new administration will be able to deliver on President-elect Trump’s campaign promises, we can expect significant policy and enforcement... Read More

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April 2, 2018
The Boston Globe

Paul Kelly Comments on Corruption Trial for Former State Senator Brian A. Joyce

April 2, 2018

Paul Kelly comments on lawyers calling upon a federal judge to reject an attempt by prosecutors to disqualify the attorney for former state senator Brian A. Joyce in "Lawyers alarmed by efforts to remove Joyce’s attorney from case," published by The Boston Globe. Subscription may be required to view article Read More

January 30, 2018
The Boston Globe

Robert Peabody Comments on the Aegerion Pharmaceuticals Drug Marketing Case

January 30, 2018

Robert Peabody comments on the recent sentence of Aegerion Pharmaceuticals Inc for improperly marketing a cholesterol drug in "Cambridge pharmaceutical company ordered to pay $7.2 million in restitution," published by the Boston Globe. Subscription may be required to view article   Read More

January 15, 2018
Sportsnet

Paul Kelly is Spotlighted for his Role in the Defense of Former NHL Player Kevin Stevens

January 15, 2018

Paul Kelly is spotlighted for his role as legal counsel for former NHL player Kevin Stevens in "What it Takes," published by Sportsnet. Subscription may be required to view article Read More

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Record High Awards and Supreme Court Decision Further Incent Potential Whistleblowers to Report Conduct to the SEC
June 19, 2018

On March 19, 2018, the Securities and Exchange Commission (“SEC”) announced its highest ever Dodd-Frank Act (“DFA”) bounty awards to three whistleblowers. These SEC awards represent a new milestone in the SEC’s ongoing efforts to incentivize would-be whistleblowers to report unlawful conduct directly to the Commission. Read More

Retaliation Plaintiff Not a Covered Whistleblower under Plain Reading of Dodd-Frank Act, Court Rules
June 1, 2018

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot claim his former employer unlawfully retaliated against him, federal Judge William J. Martini has ruled. Price v. Read More

By Joseph C. Toris and Rich Cino

Walk the Compliance Walk in 2018
February 5, 2018

The New Year is prime time to take a look at your Code of Conduct and compliance policies both to consider whether you are up to date on all applicable requirements, but also so that you are fluent in your own processes and prepared to take prompt and compliant action when issues arise. Read More